Q: My mothers Will says you can't leave out any document she created. how can that be verified?
My brother changed lawyers from who my mom saw when she signed a trust. He refuses to let my mothers original lawyer talk to my lawyer. I know there is something being left out but I am being told it can't be enforced because it is not going thru probate? What can I do? I keep telling my brother that if he is doing what our mother wanted then just let her original lawyers talk to my lawyer. He is hiding something or he wouldn't have a problem letting them talk. Someone please help me figure out how to enforce my mothers Will. They are saying that the Trust she signed in MI voids a Trust she Signed in CA. I know there is something else she must have signed saying she was not voiding her CA Trust out. She made a second amendment to the trust in CA in Feb. 2016 then she just wanted to change one house to go to myself and one of my other brothers. The trust out here in CA gives me this house where I have been living with her for 20 years. How can I prove nothing is being left out?
A:
This is a VERY fact specific question, that can only be answered by referring to all the documents: trusts, deeds and anything else that may apply! You cannot get an answer here, but only from an attorney who actually reviews all the documents.
One of the biggest advantages of trusts is that they avoid probate. On of the biggest problems with trusts is that they 'avoid probate' and therefore there isn't a single authority viewing all the documents. Yes, there is no 'one size fits all' estate plan, and sometimes probate can AVOID problems. In your case, you need to have someone who knows what they are doing review everything or you will never get a satisfactory answer. There may be litigation in your future if you don't do this right (or even if you do!) so it is wise to get someone local on board NOW to help.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
